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1968 RES CITY COUNCIL BEGIN PROVIDING EMERGENCY MEDICAL SERVICES FOR CITIZENS OF PARIS ON 1ST DAY OF SEPTEMBER 1979RESOLUTION N0. 1968 , WHEREAS, the City Council of the City of Paris began pro- viding emergency medical services for the citizens of Paris on the lst day of September, 1979; and, WHEREAS, the modular ambulance partially funded by grant, formerly leased by McCuistion Regional Medical Center, was avail- able for lease to the City of Paris on September l, 1979; and, WHEREAS, it is deemed to be in the best interest of the citizens of the City of Paris that said modular ambulance be leased from the Texas Department of Health, upon the terms and conditions as shown in Exhibit A attached hereto; NOW, THERE- FORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the Mayor of the City of Paris, Michael E. Malone, be, and he is hereby authorized and directed to execute the lease agreement for one modular ambulance, effective September l, 1979, with the Texas Department of Health, upon the terms and conditions and in the form shown in E~ibit A attached hereto. Passed and adopted this lOth day of September, 1979. . A~ ~r ~ ichae . Malone, Niayor ATTEST: H. ~ Gre ne, City lerk ~ APP OVED TO FORM: i--~`, T. I<, aynes, ity Attorney sTnTc oF TExAs couNTY or TRnv i s VEIiICI.(: [,I:ASf; AND '1'ORT IN►)I;hWITY" r1(;i'.i'.1'~~`~tFN"➢' ThiS motor vehicl.e lc:aae is rnaae betwe.en the Texas [7eVa7•tment ot HealttY pursuant to the Acts af the Sixty-Fourth Legis2attire, Rcgular.• Session, page 832, at page 847, Section 10, with its pr_izicipal place of business at. ] i00 West 49th 5tieet, Austin, Travis County, 'I'exas, 78756, hk.rein referrcd to as I.essor <+nd the City of Par.i.s, acting by and t:hrouoh its auly cortszitut:ed City Cotmc_il wit'k-a ~its princiPal placc „f bu,incss at Past Office Box 1037, 135 lst Sout}ieast, Paris, Texas 75460, hereinafter referred to as Lessec>. SF:CTION ONI: MOTOR l'EIIICI_,F.S 5ubject to the terms ancl conclition>> hereof, Lessor loases to 3,essee and Lessee hires fx•om Lessor the motor vehicles and equipment descril>eci in the sepa:r<xtc: sc.hedules annexed hez•eto arid a11 separate scllectules liereinaftex• executed, whicFi schedules are made ancl such arE: made a part herenf with the s.smi i'c>rce and effect as if this lease were rewr::.tten and executed at the time each scrrnrate schedule is made a part hereof, foi• a term beginning on the date each s:;ch ve}licle and its equiprnent is delivered to the )..cssee, and cantinuing therc:;:ftcr irr.til t.erminated. Said vehicles and ec{uipment are to hc> used :in the normal ancl orliniry course oi' Lessee's Emergency htedical Service, herein referre.d to as I:Mti, upon the t.erms and conditions set for'th in Lhis 1ease and as set forth respectiveIy in the applicable separate sctaeciule annexed he:reto now and hereafter made apnrt i,ereof, SI:CTII)N 'I"WO !vA'I'IiRE: OF CON'1'P.'1CT As to taaigible persvnal prolacrty, thzs is a contx•act c7F leas ing unly. "rhc Lessee does not, by these presents acqu:ire any right, titl.c, or i.ntercst irw o- to the prapert-.y cle;cribea in th:s leasing agreement. rVtiereas a tederal grant for the }:stablis}umeTYt and iriti<iI Operat:ions of E:mergency Medical Service5 Systems was awarded to the 'I'exas [ic:pirtmexit of klclal tti in .Jwne, 1977 in ordcr to ful£ill the requixemenrs of ti,ti• 1:MS txrant No. U6-H-000571-01, awarded by the Department af Elealth, Eclucat i:,n, and w'elfarth, and iii consi{ierati.on thereof, the Lessee agree.s to the followirg rondi_ti_ons: T'he I,assee agrees that, by the end nf the project year, ti:c rhTS Anbulance Utiit will be stafted otl a`'4-ho;rr hasis by ERffs-Basic, provici.ed titat such train- i.ng is available wi.thin the Ark-Tex Council c;t Gavernments area. I,essor shall riot tae liab1L for• loss of ox• dama.c=,e to unv propcrty Zeft, stared, loticied, or txansportuci in C7I' llpi)?7 ariy veliicle or equipment i`urnished by Lessor to the I,essee pursuant tu this lc:-«e. t.cssor shall not he liahle foi• loss or damage to any vehicle or equipment pursis;snt to thi.s lcase, causecl by cc>:lision, fireY governmental action, theFt, transportati1m, tornado, wi.ndstorm, eartiiquake, or conversian by an agent or employee of the Lessee. '1'he I,esse•e shNll cause its agent:s and employees to take a?l reasor.atrle steps to sa{c:guarr1 tiaid vrhicles and cquipment and to cooperate with l essor in eff'ectinr; recnvery frc±m any person c7r persons liabIe for loss or damagc to said vehicles a17r1 c:qu;prncnt. If a'✓ehicle or equipment £ur•niwilcd by iessor to tliu [osscc~ nursA<int to this agreement is involved in any acc, ient the !:cssen sh,711 ccll!sc its :zgeT7ts arld employees to notify Lessor thereuf :irnrriediately hy telephone. Thcreafter, as soan as practi.cahle, the I.tsssee shall repol`t to I,essor in writing givi.ng all information relative to the accider:t. 'Che Lessee, its aKe»ts anct employees, shall cooperate fully with I,essor and the instirer in the iTavcstigatioi7 and defense of any cl<,im or suit, .;nu shall ,;lo nothing to impai_r or invaliaate any applic.able insurance coverage. 't'he I:e.ssee sha11 promptly dc1:ivE:r to Lessor any and a11 papez•s, ilotices, s;unmonses, process and documeT,ts whitsoever served upon or delivr_red to the Lessee, the I,essee's agents or employees in ct>>incction wiTh any elaim, spii. ~!,_tion, c.rr procec:dirtg at law or in equity commencecl or YhreatE:ned agr3i_:sst I R,s,.or :arising out EXHIBIT A of the ownership, maintenance, use, misuse, storcige, or oPer.it.ion of any vehiclc and equipment leased liereunder. The I,essce agrees not to pcrrn.i.t any uniatitiful use ur purpase uf any of the vehicles and equipment lcased hereuncler nor to be used in violation oC any statute, laws or orclinances, rules, or regulations app].i.cable to thc operat_ion of such motor vehicles and its equipment and wi11 hold Lessor harmless fi•om any fines, forfeitures, or penalties or traffic violation or for the violation of any statute 2aw, ordinance, rule or regulation of any duly constituted public atrt hority. Under the terms of this leasc the Lessee is permitted to use all vehicles ancl equi.pment covered hereunder at any and all times for any ancl all lawful purposes. The vehicles and equipment, leased hercuncler shall at all times be driven ancl/or manned, and/or operated only by safe, careful and legally qtialified drivers arld personnel having a proper license. All personnel of t}ie I.essee's .F:r1S are concltisively presu:ned to be the employees, agents or volunteers of the Lessee only. The I.esSee shall cause said vehicles and equipment to be used and operatecl with rcasonable care and precaution to prevent loss and damage to said vehicles and equiPment because of negligence or reckless use, abuse, fire, theft, collision, or i.njury to persons or property. The Lessee includes in its liability and indemnification of l.essor set out below any liability loss or damage Lessor may suffer as a result of the fai.lure of the Lessee or those acting under the Lessee to conform to the stattites, ordiilances, or other regulations or requirements of aiiy governmental aut}larity, in connection with the use, misuse, storage, maintenance, o-wnership or oper.ation of the leased vehicle and equipment. None of the vehicles and eQuipment leased hereunder will., ti.•}zile in the posses- sion, custody or control of the Lessee, be operated in excess of their respective rated maximum weights as specified in the manufacturer's specificatians. The Lessee shall provide and maintain d.uring thc term af this lease eit}zer a policy of automobile and public liability insurance or be a sel.f'-insurer up to the rec{uired liability amoemts and caverage. Said self-insurance or palicy shall insure I,essor and the I.essee and their respective agents and employces with r.espect to liaUility as a result of the ownership maintenance, use, or opcrat:LOn of vehicl.es and equipment furnishe3 Uy Lessor to the Lessee pursuant to this lease. Said insuraiice shall be primary, and not excess or contri.biztory, wi.tli respect to any accident or occasion of treatment or care involving saici vchicle and its equipment or any ENtS personnel and shall afford bodily injury liabi.lit), li.mits of not less ttian $100,000.00 for injtiry or death of one person in any orie acc:ident or occasion of treatment or care ancl subject to such limit per Iserson to a total liability of $300,000.00 for all persons treated or cared for, or injured or killed in the same accident or occasion of treatment or care and $25,000.00 for damage, , destruction and/or loss of use of property as a result o£ one accident, and Lessor shall not be liable for damage to property owned by, rented to, or in charge of fihe Lessee. I.essee shall also either be a self-insurer or carry collision insurarice at least in the amount of the value of the vehicle t:nder lease. If a collision self-i.nsurer, lessec-; shall provide appropriate documentation of its self-insurer status. Said insurance shall be in a form acceptable to Lessor. The Lessee shall cause the insurer to furnish to Lessor no less than five clays prior to the day on whi.ch any vehicle and equipment subject to this lease shall be delivered to the Lessee, a certificate of irisurance and a certiEicate of any renewal or replacement thereof, evidencing coverage as outlined above. Said certificate shall provide tliat the insurance shall not be cancelled or materially modifiecl except upon fifteen (15) days advance written notice to Lessor. 1'he liability coverage described above may be afforded under a bond or self-insurance in accordance wi.th the provisions of Article 6252-19 V.A.C.S. or similar arrarigement, in lieu of or in combination with stich policy, to the extent permittecl by law. If a self-insurer for liability, Lessee shall provicle appropriate documentation of self-insizrer status. ~ I'he Lessee shall not permit any, vehicle and its equipment to be used as to cause or permit cancellation or suspension of i_nsurance covera~e, or for hire, nor to be removed from t;le continental limits of the United States witlYOUt the written consent of Lessor. The vehicle and equipmerit subject to tiiis lease shall bcar licerlse plates and the titlcs thereto shall be registered in the name of Lessor. '1'he registration or license fees sliall be paid by the Lessee. Prior to the expiration of any licensing period, the license and inspection for each vehicle and its equipment shall be procured by and at the expense of the Lessee. Page 2 The Lessee shall pay all.cost necessary for thc operation oF saicl vehi.cle and equipment, including but not limited to gasoline, oil, all stoi•age chai•ges, parking charges, and fines. The Lessee shall, at its cost, maintain said vehicle and its equipment in good repair, mechanical condition ancl running or-cler. The Lessee shall immediately inspect the vehicle ancl each item of equipment delivered pursuant to this lease, and shall notify Lessor in writing of any dis- crepancies between said vehicle and its equipment and the description, .i.nventory, statement of condition, and valuation of saicl itern of vehicle aiid eclUi.pment as agreed to in the attached schedule or schedules. If l,essor receives no such written notice within five (5) days after delivery of the vehicle aiid its equipment, the Lessee will be conclusively presumed to have received and accepted the vehicle and its equipment as specified. All remedies for breach of this lease agreement are cunzulative aiid may be exercised concurrently or separately aiid from time to time. The Lessee will pay all costs and expenses, ineluding attorney's fees, incurred in the preservation or enforcement of any rights of Lessor or obligation of the Lessee uncler thi_s lease and indemnity agreement. Should any action in law or in equity be commenced by either party hereto in connection with any breach or breaches of this agreement by the other party, tlien and in such event or events it is mutually agi•eed that any court of competent jur- isdiction may add to any judgement rendered in favor of either party a sum that will reasoriably compensate for any attorney's fees incurred in such action and £or any cfl5t and expense reasonably inciclent to sucti action in addition to the costs allowable at law or in equit)• as an incident of such audgement. The Lessee agrees to indemnify Lessor, its directors, officers, employees, agents, and assigns, against, aiid hold then► harm2ess from, any and all clai.ms demailds, liabilities, actions, suits, and proceedings of eyery kind, inclucli.nb tlle cost and expenses thereof, caused by, arising out of, or connected with the otanership, maintenance, use or operatian of vehicles and their equipment leased hereiinder, and the medical or emergency treatment and/or care rendered to victims ana/or patients including, manufacturer, selection, delivery, maintenance, ownership, possession, storage, misuse, use, operation, training, licensure, }iandling, transportation, and/ or property damage. Lessor shall not be liable for any loss, da.mage, or injury to the Lessee of any kind and in any mafiner causea hy or connected wi.th any vehicle or its equipment or the condition, reconditioning, repair, maintenailce, o4vnership, possession, or use thereof. The Lessee does hereby release, hold harmless from, and indemnify Lessor f.or, all claims, damages, ana causes of action that may arise frorn ar in connecti.on with any treatment or care rendered by any employee or volunteer of the Lessee's FP9S Operation to any victim or patient and also from otner medical care arising therefrom, and also from and for any aiid all claims, damages and causes of action that may result at any time in the future, whether or not they are in the contemplation of thc parties at the present time and whether or not they arise following ttie execution of this agreement as the result of and by reason of any treatment or care rendered to any victints or patients of the Lessee's ENiS Operation. 'C'he Lessee further agrees to defend against any claims broubht or actions filed against Lessor with respect to the subject of the indemnities containec3 herein, whether such claims or actions are rightfully or iqrongfully brought or filed. In case a claim should be brought or an action filed with resPect to the subjects of the inlemnities herein, the Lessee agrees that Lessor, after concurrence tiaith the Lessee, may employ attorneys to appear and defend the clairn or action on the behalf of Lessor at the expense of the Lessee. Lessor, at its option, shall have the sole aLzthority for the direction of the defense, and shall be the soIe judge of the aceeptability of any comprornise or settlement of any claims or acti.orls against Lessor. 'I'he Lessee agrees that the inclemni.ficati.ons herein stuall inclucic losses for whicli l.,essor may be legally responsible to others, sustaincd by Lessor by reason of any act of fraud, dishoriesty, forgery, embezzlement, wrongful ohstrtiction or willful misapplication of anY of tlie ve}iicles or i.ts equipment by any emPloyee or a.gent of the Lessee while performing the duties of any offi.ce or position. Indemniti.es under this agreement shall aiid its equipment to Lessee aiid shall coTltintie possible circumstances, wlii4h m:iglit gi.ve rise ceased to exist. co;mnence upon dclivery of tIlc vchicle in ful l force, ur.t:i I, a~~y and al l for aiiy liability, ta Lessor have Pag e 3 Lessor shall give written not:ice to the Lessce of any cict or occurence i.n- volving a liability or claim or demarid or item of cost or as the case may be in- demnified against herein, within thirty (30) da}'s after the occurrence of such act or occurrence shall have come to I.essor's Directar's knowledge. Any notice given under this lcase by the Lessee to Lessor shall be in wrzting and st►all be given by sendi.ng said notice by certifiecl rnail to Lessor at its acldress as set out in this lease or such other address as Lessor sha.11 have last furnished to the Lessee in writing, or by serving saicl notice personally on the Director of Lessor. On the cancellation or termination of this lease, in whole or as to any vehicle and its equipment or vehicles and their equipment leased hereunc.icr, the Lessee shall, on the effective day of any cancellation ar determination return to the l.ocation at which delivery of said vehicle or vehicles and equipment shall have been made to the Lessee, or at such other location as may have been designated by Lessee, suc.h vehicle and zts equipment or vehicles and their eqeiipment in as good condition and running arder as they wcre when received by the Lessee, ordi.nary wear and tear excepted. No cancellation or termination of this lease by either party shall in any 4;ay relieve the Lessee of liability for any indemnity undertakeii h::rein by the Lessee, nor any damages which LessQr shall have sustained, whether by oinission or commission. This lease shall be governed by the laws of the United States and the State of Texas and constitutes the entire agreement between Lessor and the I.essee with respect to the furnishing of the motor vehicles and their equipment. Neither this lease nor any interest herein may be assigried hy the I.essee ttiltllOUt written consent of Lessor. The failure of either party hereto in any one or more instances to insist on the performance of any of the terms, cavenants or conditions of this lease, to exercise any right or privilegc in t}iis lease conferred or the tivai.ver of any, breach of any of the terms, covenants, or conditions of this lease, shal.l not be construed as thereafter waiving any SL1C}1 terms, covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such foxe- bearance or waiver had occurred. 7'his lease and the schedules now or hereafter made a part hereof may not be amended or altered in any manner unless such amendment or alteratioii is in writing and signed on behalf of the parties hereto. 'I'his lease together with all schedules, certi.fications, orders and approvals now and }Zereafter made a part hereof shall bc binding on the respective parti.es and the respective successors and assigns. Page 4 - . , • ~ VEffiCLi: ANi) 1:QUTl'~I1:NT i,1;-1`;!: SCIfi`.1~!11.{: Date of Schedule: July 19, 19i8 Year: 1978 Nta}ce: Chevrolet light duty truck Bocly Stylr: Moclul.ar• Arribulance Model: cab F chassls Color: iVhite Ser:ia? MBC0225 Engine Ivumber: CC5338V148982 Eqti_ipmc:ttt: Scc F.xhibi.t "A" (,iitacliecl) hercto an.l_macle a_l>art heroof_ Original tlgreed Value of Vehicle and Its Equipment: $ 19,630.42 IN WITNF.SS 1VEIEREOF, the PARTIE:5 hereto have rna.cie and executed th.is AGEZF:(:MI1:NT aY Austin, Travis County, 'fexas on the lst day oi' 5eptember , 1979. TEXAS DEPARTh1ENT OF riF.ALTt( By: A.M. Donnell, Jr., M.D. Deput}, Cormnissioricr r'1PPROVED : TDf{ LEGAL DIVISION By. CITY OF PARIS 13y: Michael E. Malone T i t l c: _Ma~or A TTEST: H. C. Greene, City Clerk . Page 5 + _ ~ • I Texas Highway Department Prescribed 1'orm LEASED ViiI,ICLE AFFIUAVIT Motor Veh=iclc Da.vzsian NOTE: For use only by exempt agencics iri the Statc of 'I'ex:.is. (State f1gCIlC1.C:;, counties, cities, school districts) 'V.C.S.6675a-1 (1). "Owrier" means any person who holds the legal titlc of a vehiclc or who has the Icgal r. ight of posscss.ion tiu:reof, or the 1ega! right: of cor:trol of said vehicle.' TO THE TEXAS HIGfIIVAY DEFf1RTA1ENT: This is to certify that the Texas I)epartment of Health Lessor 1100 West 49th Street Austin Street Address ~ Citv Texas State is the legal holder of the vehicle(s) clesrribed on the attached Fui-m(s) 62-t\, and that, for value receivecl, sa:id vehiclc has bcen leased to the Ci.ty of Paris Lessec who, under the terms of the lease a;;rcornent, hns the legal ri;;lit of possession anc] the legal right of control of sa.icl vehicle an a fu ll t.ime hasis and i.s, thrrefor.e, the "ak-ner" of the vehicle, as such term is defined in the Texas tiotor Vehi.cle Kegistration Law, V.C.S. 6675a-1 (1). It is agreed that when subject lease is terminatecl, the L.cssec shal) immcdi.ltely remove the exempt license plates frorn the vehicle and return the plates anc.t li.cense receipt to the Texas ELighway Depa.rtment fur cancellation. NAME OF LESSEE: By' : NAME OF LESSOft: BY: NOTARY SEAL the City of Paris Signatzire of Agerlt TEXAS llEPART'MEN'I' OF (IE:1t.'I;1 S i gnatui•c o E r\gcnt. 7'1'I't.f:: Mayor, _'I'I'1'Li:: _Deputy Commissioner Subscribe:l alid sworii tu heforc ii:c t:1i i s I9 , "fex;is - - • - Notary {'uhl i: 1:;~lo;t,, lMf'ORTAh"I'' "I'hi5 .ifiidavit rnust hc att;!chcd to the applicat ion for cxempt liccnsc piatcs, Forr; 62,1 For•ni 62L (Rcv. I1-63) , • . . ; ,i. . , , . . , EQUIPMENT SCHEDULE EXt!IBIT "A" Scoop stretcher (1) Oxygen cylinder for piped oxygen (1) Portable saueeze bag masks (2) wit}i three mask sizes Stethoscopes (2) Padded board splints, vinyl padded (6) in following sizes: 3" x 15" (2) 3" x 35" (2) 3" x 54" (2) Sphygomomanometer (1 each) adult and child sizes Normal saline solution, sterile 1000 c.c. (2) Obstetrical kits (2) Poison antidote kit (1) Gauze pads, sterile Pillows (2) Bite sticks (10) Adhesive tape, 3" x 5 yds. (6) . Burn sheet, sterile, 66" x 99" (6) Triangular bandages with safety pin (12) Rolled gauze bandages, Kling, sterile, 6" x S yards (12) Life Saver tubes, 6 sizes, 2 each size Aluminum foil, large, heavy duty, sterile (2) Bandage shears (2) Sterile dressing, 10" x 36" (b) Portable oxygen with 2 size "D" cylinders, 2 sizes clear mask, adult and child Ohio flowmeter and humidifier (1) Piped oxygen system Portable electric suction (1) Fire extinguisher, 5# dry chemical (1) Backboards, (2) of following sizes: 72" x 18", Ferno #60 and 32" x 18", Ferno #61 Traction Splint (1) Hare Splint (1) Style 1 cot, Ferno #30, with mattress and 3 safety straps (1) Style 3 cot, Ferno #I1 with 3 safety straps Cot IV holders, Ferno #513 (2) Airway kit (1)